The U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) has impacted millions of employees in their pursuit of class action claims against their employers. The Dukes decision articulated the standard for establishing the commonality necessary to secure class certification in a manner that...

The National Labor Relations Board (NLRB) recently joined the ranks in ruling on whether class arbitration waivers are enforceable in the wake of the Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion

The proposition that a party who links online to third-party materials cannot be a direct copyright infringer was bolstered by the 9th Circuit validating what is known as the “server test” four years ago in Perfect 10, Inc. v. Amazon.com, Inc.

Since the U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), discussion has heightened regarding the use of class, representative and collective action waivers in conjunction with binding arbitration agreements (“class arbitration waivers”). In many ways, Concepcion is a green light for using such class...